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NEWSMAN [OVER RADIO]:
And at least eight dead
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at the We Are All from Somewhere Else...
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00:00:02,950 --> 00:00:05,726
- Can we go any faster?
- I'm doing my best, ma'am.
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...after a gunman opened fire
with an automatic weapon.
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In addition to the dead,
we're receiving reports
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of as many as 200 people injured.
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Okay, hang on a second! Hang on.
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Rapid track! Trauma Bay Four!
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Walking wounded needs to be
escorted to Station One!
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Dr. Kinsey!
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I got here as fast as I could.
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Dr. Park could really
use you in Bay One.
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PARK: Kinsey, you made it!
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I'm taking this one up to the OR.
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I need you to jump on
this fellow behind me.
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- What do we have?
- Ryan Watkins.
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Male, lower abdominal gunshot wound.
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Next OR should open in ten minutes.
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Get started on him as soon as you can.
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Will do.
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Oh, man, not a lot left
to put back together.
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Like a river.
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How is his pulse?
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Last I checked, thready. Barely there.
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[WOMAN GASPING]Dr. Kinsey?
We're losing this patient.
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Her oxygen is in the toilet.
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She's not getting any air.
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Looks like a pneumothorax.
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Oh, no. Sounds like
she's got blood in her lungs.
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Potential hemopneumo.
How long has she been like this?
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How long has she not been breathing?
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I called you the moment I noticed.
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Just got a text. The OR is ready.
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We got to get going on this guy
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or might as well just send him
directly to the morgue.
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Doctor, we got to go.
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You know what a REBOA is?
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Heard of it. Never seen it done.
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I want to give him one. It'll stop
his bleeding for 20, 30 minutes.
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That'll give me a chance to work on her.
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That way maybe we can save them both.
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Isn't that kind of
the definition of a Hail Mary?
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I don't know, I'm not into football,
and I don't go to church.
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I need a REBOA and
some chest tubes, stat.
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NURSE: You're really
going to use a REBOA?
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But Dr. Park told you
to operate on him now.
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I know. But I'm not even sure
we can save him.
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In fact, the only thing
I'm certain of is,
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we take the time to get him
over to the OR,
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we're absolutely losing her.
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But what if it doesn't work?
What if we lose them both?
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It's going to work.
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I think I need to have
a quick chat with Dr. Park.
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Walk away from that patient,
don't bother coming back.
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TECHNICIAN: Here's your
REBOA and your chest tubes.
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Great. Let's make some miracles.
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Let's hail some Marys.
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Hey.
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Ah...
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I can't lie.
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Feel pretty strange about this.
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No. Bull's right.
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You need your own office.
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I've been a lawyer
for a minute and a half.
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I can work in the conference room.
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I'm happy to work
in the conference room.
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But you're Benjamin Colón.
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Hell, rumor has it
that you're running for D.A.
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of the greatest city in the world.
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[SIGHS]
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You need a place of your own, man.
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You need an office where
you can hang that law degree
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up on the wall.
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Well, you've got a law degree.
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I certainly do.
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And now I'm working towards
a wall to hang it on.
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Sorry to break up this legal convention,
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but the big guy is waiting for you
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in the conference room.
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I had just finished
my rounds at the hospital
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about two and a half hours earlier.
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I was climbing out of the shower
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when one of the ER nurses called,
and said they were expecting...
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I thought she said hundreds of patients.
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But then I thought I must have misheard.
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But then she said there was some kind of
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mass casualty situation
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and they were calling in every
off-duty doctor in the area.
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It was all hands on deck.
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Hmm. How many patients
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did Mercy actually receive that night?
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Over 200.
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All with penetrating gunshot wounds.
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And the deceased... Uh, Ryan Watkins...
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He was your first patient?
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He was supposed to be.
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Soon as I got there,
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I conferred with Dr. Park,
the chief trauma surgeon.
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And he was taking
another patient up to the OR,
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so he told me to get started
on Mr. Watkins.
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Was there any special reason
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why Dr. Park wanted you
to operate on Watkins first?
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I mean, it sounds like
there were plenty of people
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needing immediate care.
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No. I think Dr. Park just considered
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his injuries the most critical.
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But then I saw this woman.
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And to my eye,
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she was in as equally bad shape
as Mr. Watkins.
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She had a lot of blood
and air in her chest.
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Struggling to breathe.
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I needed to drain that blood
and air fast or we'd lose her.
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But if I had operated on him first,
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that woman absolutely would have died
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while waiting for treatment.
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Whereas if I could just keep
Mr. Watkins alive
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for a half hour,
I could definitely save her
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and maybe save him, too.
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You know, one way, I'm staring at
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a likely lose-lose situation.
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The other, I was certain
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at least one of them was going to live.
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That's why you used this REBOA thing?
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I'm sorry. What is a REBOA?
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It stands for
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Resuscitative Endovascular
Balloon Occlusion of the Aorta.
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It's a kind of internal tourniquet.
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A balloon catheter that you position
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in a person's aorta to
prevent them from bleeding out.
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It buys you time.
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Which was what I needed.
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But it didn't work.
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Well, the other patient
needed chest tubes.
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That should have taken 20 minutes, tops.
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00:04:51,093 --> 00:04:52,965
But once I got in there,
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it was more complicated
than I had anticipated.
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And by the time I got her stable
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and got back to Mr. Watkins,
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40, 45 minutes had gone by.
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And he-he didn't make it.
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I tried, but...
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CHUNK: So, the plaintiff,
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Mr. Watkins' mother, is saying
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that the REBOA
should never have been used.
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Especially not for 40 minutes.
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They are arguing that the REBOA
is not even considered
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an acceptable standard of care.
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I'm not denying it's a
controversial technique.
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I mean, usually it's
only a stop-gap measure
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to buy you the ten, 15 minutes it takes
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to get a patient
into the OR and opened up.
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For what it's worth, I've
personally made the REBOA work
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for up to an hour.
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Before I went into trauma,
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I was a military medic in Afghanistan,
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and I used it there all the time.
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Well, it'd be great
if we could get someone in
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to testify to that... Other than you.
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You know, I didn't see
your picture on the website.
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Ex-Excuse me?
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When I was researching
the Trial Analysis Corporation.
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I remember reading about a lawyer,
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but I don't think he was you.
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Mr. Palmer has been with the firm
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for over five years
in a variety of capacities.
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He's handled several cases on his own,
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but he did just officially
pass the bar this last summer.
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But do you have any experience
in medical malpractice?
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This firm has handled hundreds
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of medical malpractice cases,
and I personally
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have super... But Mr. Palmer?
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This will be my first.
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There's another attorney here.
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And he has lots of experience
in medical...
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No. I'm the trial scientist.
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I'm the tactician.
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And I am telling you
he's the one to plead this case.
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Now,
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if you don't agree with that,
there are plenty
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of other companies
I'm sure you can go to
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that would be happy to take your money.
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But, Dr. Kinsey, this is a jury trial.
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It's six people.
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And they're going to decide
whether you're innocent or guilty.
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They are going to decide
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whether you live the rest of your life
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in relative comfort
or all-consuming debt.
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They're gonna decide
whether you get to use
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the salutation "Doctor" in front
of your name ever again.
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The other side is going to bring
all kinds of sage, old men
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who will offer intimidating
and confusing medical testimony.
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They'll try and bully
their way to a verdict.
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Now, here's what I know.
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You give people a choice
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between something they understand
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and something they don't understand,
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they will almost always lean
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in the direction of
the thing they understand.
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This case isn't about medicine.
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It's about being able
to talk to six people.
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Being able to put them in your shoes
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when you had to make
the decisions you had to make.
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And I'm telling you,
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this is the man for the job.
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Now...
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are we going to court or not?
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Synced & corrected by -robtor-
www.addic7ed.com
208
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I appreciate your confidence in me.
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00:07:46,950 --> 00:07:48,430
It's no big deal.
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I meant what I said.
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I think you're
the right man for the job.
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I think the jurors
are going to appreciate
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being talked to by someone like them.
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Someone who doesn't
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eat, sleep and drink
medical malpractice.
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Someone who's just trying to
figure out what really happened here.
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00:08:05,575 --> 00:08:06,883
So, voir dire.
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You have any thoughts?
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00:08:08,754 --> 00:08:10,665
So, in a perfect world,
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00:08:11,198 --> 00:08:12,734
we would love to be talking to people
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who are at least willing
to entertain the idea
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that Dr. Kinsey, finding herself
in an impossible situation,
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00:08:18,609 --> 00:08:20,504
made the best decisions she could...
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if not to save every life,
then to save most lives.
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It really is a case study
in lifeboat ethics.
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00:08:27,976 --> 00:08:29,239
It is funny.
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00:08:29,264 --> 00:08:30,744
Not one press report I've read
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mentions that Dr. Kinsey saved
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five other lives that day.
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Truth is, our client's a hero.
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The jury needs to hear that.
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And they need to hear it
during voir dire.
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00:08:42,253 --> 00:08:45,213
Everybody here know who
Sully Sullenberger is?
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00:08:45,840 --> 00:08:47,057
Yeah.
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He's the pilot who landed
the plane on the Hudson River.
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That's him.
237
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Man behind the "Miracle on the Hudson."
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A hero. Right?
239
00:08:56,453 --> 00:08:59,630
Anybody remember why he had
to land that plane on the river?
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00:08:59,655 --> 00:09:01,005
Yes.
241
00:09:01,030 --> 00:09:02,727
The plane hit some birds, I think.
242
00:09:02,752 --> 00:09:04,580
Yes, it did.
243
00:09:04,605 --> 00:09:07,304
And it put that man
in an impossible situation.
244
00:09:07,726 --> 00:09:10,727
Air traffic control had already
ordered him back to the airport.
245
00:09:10,767 --> 00:09:12,566
He was convinced he wouldn't make it.
246
00:09:12,591 --> 00:09:14,582
So he improvised
247
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and decided to attempt a water landing.
248
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Didn't ask for permission.
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00:09:19,263 --> 00:09:20,786
No time.
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00:09:20,811 --> 00:09:22,769
He just did it.
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00:09:22,794 --> 00:09:27,059
And managed to save
every passenger on that plane.
252
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A hero... right?
253
00:09:29,357 --> 00:09:31,221
Juror 21.
254
00:09:31,246 --> 00:09:33,204
It says here that
you were a police officer.
255
00:09:33,274 --> 00:09:35,444
How do you feel about that?
256
00:09:35,469 --> 00:09:37,602
The man was given an order
and he defied it.
257
00:09:37,627 --> 00:09:38,933
Oh, I think everything worked out
258
00:09:38,958 --> 00:09:40,437
the way it was supposed to.
259
00:09:40,730 --> 00:09:42,514
The man was declared a hero.
260
00:09:42,539 --> 00:09:44,497
They made a movie out of it.
261
00:09:44,522 --> 00:09:46,002
He was played by Tom Hanks.
262
00:09:46,109 --> 00:09:48,633
[LAUGHING]: I don't think
it gets any better than that.
263
00:09:48,658 --> 00:09:50,616
Ground control to Major Tom?
264
00:09:50,641 --> 00:09:52,077
Diana Merrick.
265
00:09:52,102 --> 00:09:53,605
Former NYPD.
266
00:09:53,630 --> 00:09:55,197
Took an early retirement
267
00:09:55,222 --> 00:09:56,702
after getting injured on the job.
268
00:09:56,727 --> 00:09:57,771
BULL: Injured how?
269
00:09:57,796 --> 00:09:59,449
Suspect stabbed her during an arrest
270
00:09:59,474 --> 00:10:02,194
and then she apparently took him
down with a fire extinguisher.
271
00:10:02,219 --> 00:10:03,220
Hit him with it.
272
00:10:03,565 --> 00:10:05,218
A woman of action.
273
00:10:05,262 --> 00:10:07,046
That's our kind of girl.
274
00:10:07,090 --> 00:10:11,050
Your Honor, juror 21
is acceptable to the defense.
275
00:10:11,094 --> 00:10:13,082
Nice work, Counselor.
276
00:10:13,649 --> 00:10:15,085
We make a pretty good team.
277
00:10:15,110 --> 00:10:17,634
Well, all I'm doing is
following your lead.
278
00:10:17,883 --> 00:10:20,321
Like I said, we make a pretty good team.
279
00:10:21,365 --> 00:10:22,932
[CHUCKLES]
280
00:10:22,975 --> 00:10:24,977
♪
281
00:10:27,023 --> 00:10:29,025
[INDISTINCT CHATTER]
282
00:10:34,345 --> 00:10:35,520
BENNY: There he is.
283
00:10:35,545 --> 00:10:37,373
Oh, hustler, hustler. [LAUGHS]
284
00:10:37,398 --> 00:10:40,575
Survived your first day
on the medical malpractice beat?
285
00:10:41,037 --> 00:10:43,140
Other side threw in the towel. Gave up.
286
00:10:43,165 --> 00:10:44,688
Offered to pay us money to go away.
287
00:10:44,843 --> 00:10:47,933
- Ooh. You are knee-deep now.
- Yeah.
288
00:10:47,958 --> 00:10:49,612
- Keep shoveling.
- [LAUGHS]
289
00:10:49,637 --> 00:10:50,812
Bull know you're here?
290
00:10:50,837 --> 00:10:53,005
Nah, but so what?
291
00:10:53,030 --> 00:10:57,251
Actually, I came by
to tell you I think I'm good.
292
00:10:57,706 --> 00:10:59,040
Okay.
293
00:10:59,447 --> 00:11:00,873
So tell me about tomorrow.
294
00:11:00,988 --> 00:11:02,598
Opening statements.
295
00:11:02,623 --> 00:11:05,583
Plaintiffs are gonna say that
my client made a bad decision
296
00:11:05,608 --> 00:11:07,088
she had no right to make,
297
00:11:07,269 --> 00:11:08,835
and I'm gonna tell them about a woman
298
00:11:08,860 --> 00:11:11,776
who found herself in the middle
of a perfect storm,
299
00:11:11,804 --> 00:11:13,328
made the best choices she could,
300
00:11:13,353 --> 00:11:14,789
and saved five lives.
301
00:11:15,111 --> 00:11:16,939
- First witness?
- Dr. Park.
302
00:11:17,494 --> 00:11:19,945
Now, he's gonna testify
that he told her to operate
303
00:11:19,989 --> 00:11:21,498
on the plaintiff first.
304
00:11:21,897 --> 00:11:23,290
I'm gonna try to imply
305
00:11:23,315 --> 00:11:25,012
that it was actually he
who was derelict,
306
00:11:25,037 --> 00:11:27,344
since he clearly didn't
consider thoroughly
307
00:11:27,369 --> 00:11:29,763
the conditions of the other
patients in the trauma bay.
308
00:11:29,788 --> 00:11:30,963
Sounds smart.
309
00:11:30,988 --> 00:11:33,512
Why, thank you, sir. [CHUCKLES]
310
00:11:33,537 --> 00:11:35,322
I'm gonna go.
311
00:11:35,820 --> 00:11:37,909
Just beware of the bank shot.
312
00:11:39,530 --> 00:11:40,749
Come again?
313
00:11:47,485 --> 00:11:49,008
- Damn.
- No, no.
314
00:11:50,329 --> 00:11:51,722
Oh, yeah.
315
00:11:52,768 --> 00:11:54,683
The bank shot.
316
00:11:55,955 --> 00:11:58,349
So you think you know why the plaintiff
317
00:11:58,374 --> 00:12:01,623
is calling a witness,
and y-you may be right.
318
00:12:02,186 --> 00:12:05,624
But a lot of the time, the other side
319
00:12:05,649 --> 00:12:08,652
will call a witness with
a whole other purpose entirely.
320
00:12:08,677 --> 00:12:09,983
The witness will say everything
321
00:12:10,008 --> 00:12:11,748
you expect him to say, but then,
322
00:12:11,773 --> 00:12:14,036
just at the last minute, boom,
323
00:12:14,061 --> 00:12:16,957
he'll throw a whole new
fact pattern out there.
324
00:12:17,540 --> 00:12:18,610
Bank shot.
325
00:12:20,476 --> 00:12:22,652
- So what do I do?
- Two things.
326
00:12:22,677 --> 00:12:24,026
One, do your best.
327
00:12:24,051 --> 00:12:26,619
Two, stop saying you're good.
328
00:12:26,644 --> 00:12:28,986
You shouldn't be good
until this is all over.
329
00:12:29,021 --> 00:12:31,582
And then, only if you've won.
330
00:12:32,447 --> 00:12:34,318
Stay scared, Chunk.
331
00:12:35,484 --> 00:12:37,660
Bank shots can come out of nowhere.
332
00:12:38,110 --> 00:12:40,504
GROSSMAN: Let's talk about
the evening of the shooting.
333
00:12:40,548 --> 00:12:42,428
How soon after you got the call
334
00:12:42,471 --> 00:12:44,841
did you have someone
reach out to Dr. Kinsey
335
00:12:44,868 --> 00:12:47,290
and ask her to return to the hospital?
336
00:12:47,572 --> 00:12:49,705
I believe it was within minutes.
337
00:12:50,035 --> 00:12:53,765
GROSSMAN: And when she arrived,
did you tell Dr. Kinsey to take
338
00:12:53,790 --> 00:12:56,525
Mr. Watkins up to the OR for surgery
339
00:12:56,550 --> 00:12:58,599
as soon as a room became available?
340
00:12:58,655 --> 00:13:00,928
- I did.
- And even though
341
00:13:00,953 --> 00:13:04,748
she received that directive
from you, her superior,
342
00:13:04,773 --> 00:13:07,721
that's not what Dr. Kinsey did, is it?
343
00:13:09,064 --> 00:13:10,989
- PARK: No.
- Now, you mentioned
344
00:13:11,014 --> 00:13:13,195
that Dr. Kinsey decided to deploy
345
00:13:13,227 --> 00:13:14,501
a REBOA.
346
00:13:14,531 --> 00:13:18,206
Had you been consulted, would
you have approved of this decision?
347
00:13:18,368 --> 00:13:19,890
No, I would not.
348
00:13:20,707 --> 00:13:25,123
In my 27 years, I've actually
never used a REBOA.
349
00:13:25,562 --> 00:13:27,869
As far as I know,
the mainstream medical community
350
00:13:27,894 --> 00:13:32,594
has still not reached a decision
as to when, where or even if
351
00:13:32,619 --> 00:13:34,316
the REBOA should be used.
352
00:13:34,410 --> 00:13:36,586
It comes with a slew of complications
353
00:13:36,611 --> 00:13:38,457
and high mortality rates.
354
00:13:38,552 --> 00:13:41,599
Are you surprised
the use of the REBOA resulted
355
00:13:41,624 --> 00:13:43,402
in Ryan Watkins' death?
356
00:13:43,946 --> 00:13:45,811
- No.
- No further questions
357
00:13:45,836 --> 00:13:47,707
for this witness, Your Honor.
358
00:13:49,692 --> 00:13:52,608
I'm not a doctor, but I sense
we're bleeding out here.
359
00:13:54,142 --> 00:13:55,752
Before I begin my questioning,
360
00:13:55,777 --> 00:13:57,127
I'd just like to thank you, Dr. Park,
361
00:13:57,152 --> 00:13:59,763
you and the entire Mercy Hospital team,
362
00:13:59,788 --> 00:14:02,486
for all of your hard work
during that awful night.
363
00:14:02,511 --> 00:14:03,790
Thank you.
364
00:14:03,815 --> 00:14:06,078
Now, you testified that
mere minutes after receiving
365
00:14:06,103 --> 00:14:08,557
the call about the mass shooting,
366
00:14:08,582 --> 00:14:11,150
you directed someone to call Dr. Kinsey
367
00:14:11,175 --> 00:14:12,916
and see if she'd be able
to come back to work.
368
00:14:12,941 --> 00:14:14,731
- Yes.
- Even though she just finished
369
00:14:14,755 --> 00:14:16,057
a 12-hour shift.
370
00:14:16,082 --> 00:14:17,036
Yes.
371
00:14:17,061 --> 00:14:18,602
You must hold her in pretty high regard,
372
00:14:18,627 --> 00:14:19,873
wouldn't you say?
373
00:14:20,983 --> 00:14:22,376
I suppose so.
374
00:14:22,401 --> 00:14:25,535
In fact, you hired her, didn't you?
375
00:14:25,560 --> 00:14:27,604
I was among the people on the committee
376
00:14:27,629 --> 00:14:30,067
that weighed in on her hiring, yes.
377
00:14:30,353 --> 00:14:33,835
I think it stands to reason
that at some point
378
00:14:33,878 --> 00:14:36,987
you had a high degree of faith
in Dr. Kinsey's decision-making.
379
00:14:37,045 --> 00:14:38,052
Wouldn't you say?
380
00:14:38,077 --> 00:14:40,415
And it's Chunk Palmer on the 20.
381
00:14:42,191 --> 00:14:43,577
I'm waiting for an answer, Dr. Park.
382
00:14:43,610 --> 00:14:45,562
GROSSMAN: Objection,
Your Honor. Relevance.
383
00:14:45,603 --> 00:14:48,449
This trial is not about
why Dr. Kinsey was hired.
384
00:14:48,474 --> 00:14:50,954
It is about why she did what she did
385
00:14:50,982 --> 00:14:54,789
after being given specific
instructions by her superior.
386
00:14:54,814 --> 00:14:58,248
Objection sustained. Ask
another question, Counselor.
387
00:14:58,764 --> 00:15:01,202
Situations like this, a-a mass shooting,
388
00:15:01,227 --> 00:15:02,924
are fast-moving
389
00:15:02,949 --> 00:15:04,409
- and fluid, aren't they?
- Of course.
390
00:15:04,434 --> 00:15:06,977
And so, as patients are moved from EMS
391
00:15:07,002 --> 00:15:10,136
to emergency room doctors
to trauma surgeons,
392
00:15:10,454 --> 00:15:13,977
quite often their condition
changes rapidly, doesn't it?
393
00:15:14,002 --> 00:15:15,089
That's correct.
394
00:15:15,114 --> 00:15:16,855
And am I safe in assuming that, ideally,
395
00:15:16,880 --> 00:15:20,666
you would want them to be
reassessed as often as possible?
396
00:15:20,691 --> 00:15:22,389
- Of course.
- So,
397
00:15:22,414 --> 00:15:24,199
the night that you decided
that Mr. Watkins
398
00:15:24,242 --> 00:15:27,593
should be operated on
prior to anyone else,
399
00:15:27,618 --> 00:15:30,577
isn't it possible that while
that was the right decision
400
00:15:30,602 --> 00:15:33,736
when you made it, it might not
have been the right decision
401
00:15:33,761 --> 00:15:35,415
five or ten minutes later?
402
00:15:36,068 --> 00:15:37,520
And isn't it possible
403
00:15:37,548 --> 00:15:39,358
that on Dr. Kinsey's subsequent,
404
00:15:39,383 --> 00:15:41,057
more thorough examination,
405
00:15:41,082 --> 00:15:43,476
and faced with two
critically wounded patients,
406
00:15:43,501 --> 00:15:46,598
she could reasonably disagree
with your assessment?
407
00:15:46,623 --> 00:15:48,667
She lost a patient.
408
00:15:48,699 --> 00:15:52,610
If she had done what you told
her, she could have lost two.
409
00:15:52,635 --> 00:15:54,848
- Bingo.
- GROSSMAN: Objection, Your Honor.
410
00:15:54,873 --> 00:15:57,220
- Counsel is testifying.
- [GAVEL BANGS]
411
00:15:57,245 --> 00:15:59,421
Objection sustained.
The jury will disregard
412
00:15:59,446 --> 00:16:01,143
counsel's last statement.
413
00:16:01,168 --> 00:16:02,909
It's already forever burned
in their brains.
414
00:16:02,934 --> 00:16:04,283
RAND: Mr. Palmer?
415
00:16:04,308 --> 00:16:06,919
You do know the difference
between a question
416
00:16:06,944 --> 00:16:09,400
- and a statement, don't you?
- You bet he does.
417
00:16:09,447 --> 00:16:11,694
I do, Your Honor, and I apologize
418
00:16:11,719 --> 00:16:14,348
to the court and to the jury
and the witness.
419
00:16:14,373 --> 00:16:16,114
Your apology's accepted.
420
00:16:16,349 --> 00:16:19,396
You get one, Mr. Palmer.
421
00:16:19,539 --> 00:16:21,411
Any more questions for this witness?
422
00:16:21,436 --> 00:16:23,248
Not at this time, Your Honor.
423
00:16:24,383 --> 00:16:26,057
GROSSMAN: Permission to redirect?
424
00:16:26,394 --> 00:16:28,221
RAND: Go ahead, Ms. Grossman.
425
00:16:28,311 --> 00:16:29,932
GROSSMAN: Now, Dr. Park,
426
00:16:29,957 --> 00:16:32,742
this isn't the first time
that Dr. Kinsey has gone rogue
427
00:16:32,767 --> 00:16:34,552
while on your watch, is it?
428
00:16:34,577 --> 00:16:37,624
No, it is not.
429
00:16:37,950 --> 00:16:39,909
GROSSMAN: Could you elaborate for us,
please?
430
00:16:39,934 --> 00:16:41,817
PARK: It was three months or so
431
00:16:41,842 --> 00:16:43,626
after Dr. Kinsey joined our staff.
432
00:16:43,651 --> 00:16:46,436
We had a patient, a car crash victim.
433
00:16:46,675 --> 00:16:50,722
Upon examination we realized she
had cirrhosis... liver disease...
434
00:16:50,747 --> 00:16:52,140
And had developed ascites,
435
00:16:52,165 --> 00:16:55,515
essentially an accumulation
of fluid in the abdomen
436
00:16:55,583 --> 00:16:59,674
which can cause kidney or
liver failure if left untreated.
437
00:17:00,284 --> 00:17:02,678
And you had Dr. Kinsey
work on this patient?
438
00:17:02,703 --> 00:17:06,576
Yes. A common procedure
is to drain the fluid
439
00:17:06,601 --> 00:17:09,732
through what's called
therapeutic paracentesis.
440
00:17:09,757 --> 00:17:12,890
You have to very carefully hold a needle
441
00:17:12,915 --> 00:17:14,699
while the fluid drains.
442
00:17:14,724 --> 00:17:19,082
If the patient moves
or if the needle slips,
443
00:17:19,271 --> 00:17:22,361
it could puncture the liver,
causing internal bleeding.
444
00:17:22,386 --> 00:17:25,563
And so you had Dr. Kinsey
perform this procedure?
445
00:17:25,588 --> 00:17:26,981
That's correct.
446
00:17:27,006 --> 00:17:28,572
But apparently, there was
447
00:17:28,597 --> 00:17:31,687
an urgent situation down the hall,
448
00:17:31,712 --> 00:17:33,584
and instead of stopping the procedure
449
00:17:33,609 --> 00:17:37,787
and pulling the needle out
to go and attend to the problem,
450
00:17:37,961 --> 00:17:41,834
Dr. Kinsey decided to tape
the needle in place,
451
00:17:41,859 --> 00:17:44,501
I suppose hoping
that it would auto-drain
452
00:17:44,536 --> 00:17:47,019
while she was off
assisting down the hall.
453
00:17:47,044 --> 00:17:48,523
GROSSMAN: Is that
something that's recommended
454
00:17:48,548 --> 00:17:50,245
while performing this procedure?
455
00:17:50,270 --> 00:17:52,141
No. Absolutely not.
456
00:17:52,166 --> 00:17:54,298
You never leave a sharp instrument
457
00:17:54,323 --> 00:17:56,798
sticking out of a patient unattended.
458
00:17:56,846 --> 00:17:59,004
Luckily, I came by
to check on the procedure.
459
00:17:59,029 --> 00:18:01,335
I pulled the needle,
preserving the patient's safety,
460
00:18:01,360 --> 00:18:04,319
and had a very long talk
with Dr. Kinsey.
461
00:18:04,344 --> 00:18:09,479
The thing is, it was clever,
but not responsible medicine.
462
00:18:10,173 --> 00:18:11,290
GROSSMAN: So,
463
00:18:12,330 --> 00:18:14,794
it appears that Dr. Kinsey has a history
464
00:18:14,820 --> 00:18:17,848
of maverick medical procedures
that risk patient health.
465
00:18:17,873 --> 00:18:19,745
Objection. Counsel is testifying.
466
00:18:19,770 --> 00:18:21,640
Rephrase, Ms. Grossman.
467
00:18:21,665 --> 00:18:23,232
I'll withdraw the statement.
468
00:18:23,778 --> 00:18:25,665
No further questions.
469
00:18:31,630 --> 00:18:33,540
BULL: Where the hell did that come from?
470
00:18:33,565 --> 00:18:35,006
CHUNK: Bank shot.
471
00:18:37,040 --> 00:18:38,638
KINSEY: You have to
understand. From my perspective,
472
00:18:38,682 --> 00:18:40,116
it was a nonevent.
473
00:18:40,453 --> 00:18:42,209
The woman's abdomen was draining
just fine
474
00:18:42,234 --> 00:18:44,414
and I was attending to another patient.
475
00:18:44,731 --> 00:18:46,124
Dr. Park came by,
476
00:18:46,167 --> 00:18:47,560
and I wasn't doing it
the way he would do it,
477
00:18:47,604 --> 00:18:50,302
but that doesn't mean
I was doing it improperly.
478
00:18:50,345 --> 00:18:52,260
I don't mean to cast aspersions,
479
00:18:52,304 --> 00:18:55,350
but Park, he's the kind of guy
who's gonna keep making his bed
480
00:18:55,394 --> 00:18:58,789
until it's absolutely perfect,
even when the house is on fire.
481
00:18:58,832 --> 00:19:01,139
Be that as it may,
the plaintiff's attorney
482
00:19:01,182 --> 00:19:03,271
has already planted it
in the jury's mind
483
00:19:03,315 --> 00:19:05,709
that you're some kind of rebel doctor,
484
00:19:05,752 --> 00:19:07,841
willing to compromise
your patient's well-being
485
00:19:07,885 --> 00:19:10,583
for the satisfaction
of doing it your way.
486
00:19:11,108 --> 00:19:13,760
CHUNK: Do you know a Dr. Kendra Collier?
487
00:19:14,141 --> 00:19:15,891
Name rings a bell.
488
00:19:16,284 --> 00:19:19,070
Uh, maybe the military?
Maybe Afghanistan?
489
00:19:19,095 --> 00:19:21,054
CHUNK: Well,
she's on this revised witness list
490
00:19:21,079 --> 00:19:23,212
and is first up to testify tomorrow.
491
00:19:23,849 --> 00:19:25,163
Sorry.
492
00:19:25,433 --> 00:19:28,601
In case it jogs your memory,
she is a critical care physician
493
00:19:28,645 --> 00:19:30,211
out of San Antonio?
494
00:19:30,683 --> 00:19:32,155
Never been to San Antonio.
495
00:19:32,211 --> 00:19:34,989
TAYLOR: Okay,
how's this? From 2004 to 2009,
496
00:19:35,014 --> 00:19:38,084
she worked at Landstuhl Regional
Medical Facility in Germany.
497
00:19:38,109 --> 00:19:40,111
Okay. Military doctor,
I got that part right,
498
00:19:40,221 --> 00:19:42,080
but I never served in Germany.
499
00:19:42,105 --> 00:19:44,946
MARISSA: So you have no clue
why they're calling her to testify?
500
00:19:44,993 --> 00:19:48,447
Uh, San Antonio to New York City
is a pretty pricy plane ticket.
501
00:19:48,491 --> 00:19:50,101
There's got to be a reason
that they're willing
502
00:19:50,144 --> 00:19:51,537
to go to so much trouble.
503
00:19:52,412 --> 00:19:54,240
I'm sorry. I don't know who she is.
504
00:19:55,096 --> 00:19:57,708
Well, I guess we will
all find out tomorrow.
505
00:20:00,024 --> 00:20:01,286
[BRAKES SQUEAKING]
506
00:20:01,329 --> 00:20:02,505
We making a stop?
507
00:20:02,548 --> 00:20:04,724
I asked Benny to join us.
508
00:20:04,768 --> 00:20:06,726
He's gonna sit with me in the gallery.
509
00:20:06,770 --> 00:20:09,468
I need an extra set of eyes and ears.
510
00:20:10,600 --> 00:20:12,340
[GRUNTS]
511
00:20:13,341 --> 00:20:14,734
Morning, fellas.
512
00:20:14,778 --> 00:20:17,432
Well, isn't this a nice surprise?
513
00:20:17,476 --> 00:20:19,391
I was just reading about
you in the newspaper here.
514
00:20:19,434 --> 00:20:20,784
At least I think it's you.
515
00:20:20,827 --> 00:20:22,437
The way they spelled
your name made it sound
516
00:20:22,481 --> 00:20:24,962
like you're a part of
somebody's digestive system.
517
00:20:25,005 --> 00:20:26,453
"Benny Colon."
518
00:20:26,477 --> 00:20:28,531
[LAUGHS]
519
00:20:28,574 --> 00:20:31,429
Seriously, man, congratulations.
You got my vote.
520
00:20:31,466 --> 00:20:34,849
Yeah, that's just 'cause
you want your old office back.
521
00:20:35,042 --> 00:20:37,218
So you made the announcement last night?
522
00:20:37,243 --> 00:20:38,940
Not me, personally, but yeah.
523
00:20:38,965 --> 00:20:41,054
It's finally out there.
524
00:20:41,079 --> 00:20:43,168
I think they were afraid
if they didn't announce it soon,
525
00:20:43,193 --> 00:20:45,543
- I was going to change my mind.
- [GAVEL BANGS]
526
00:20:45,809 --> 00:20:47,019
GROSSMAN: Dr. Collier,
527
00:20:47,095 --> 00:20:49,767
the defendant, Dr. Kinsey,
in her deposition, claims
528
00:20:49,792 --> 00:20:54,090
that she successfully deployed
a REBOA for over one hour
529
00:20:54,115 --> 00:20:58,557
in a Colonel Mark Winston during
her service in Afghanistan.
530
00:20:58,582 --> 00:21:02,045
Now, you were part of the
treatment team at Landstuhl
531
00:21:02,070 --> 00:21:04,333
- for that same soldier, correct?
- Correct.
532
00:21:04,358 --> 00:21:07,274
Can you tell us about
Colonel Winston's injuries?
533
00:21:07,439 --> 00:21:11,092
Winston's unit was hit with
an improvised explosive device
534
00:21:11,117 --> 00:21:12,466
in Afghanistan.
535
00:21:12,491 --> 00:21:14,493
He suffered massive abdominal wounds
536
00:21:14,518 --> 00:21:17,303
and had to be transferred to
the Kandahar base for surgery,
537
00:21:17,328 --> 00:21:19,765
and then to us in Landstuhl
for further treatment.
538
00:21:19,949 --> 00:21:22,255
He survived the transports,
but died in our care
539
00:21:22,280 --> 00:21:23,760
eight days later.
540
00:21:23,785 --> 00:21:24,960
Oh, no...
541
00:21:25,109 --> 00:21:27,383
GROSSMAN: Were his wounds
just too severe?
542
00:21:27,408 --> 00:21:30,843
His wounds were very severe.
But that's not what killed him.
543
00:21:30,941 --> 00:21:33,523
Well, then, what did?
544
00:21:33,548 --> 00:21:35,593
Well, as you mentioned, the medical team
545
00:21:35,618 --> 00:21:37,358
who performed the initial
transport in Afghanistan,
546
00:21:37,383 --> 00:21:39,691
the one supervised by Dr. Kinsey,
547
00:21:39,761 --> 00:21:43,849
used a REBOA to keep the colonel
from hemorrhaging during flight.
548
00:21:44,212 --> 00:21:47,215
Unfortunately,
the transport took an hour,
549
00:21:47,479 --> 00:21:50,641
and that's a long time to
cut off someone's blood supply.
550
00:21:50,821 --> 00:21:53,301
So you're saying it was the REBOA
551
00:21:53,326 --> 00:21:55,546
that led to Colonel Winston's death?
552
00:21:55,571 --> 00:21:56,891
Essentially, yes.
553
00:21:57,110 --> 00:21:58,991
The REBOA pretty much killed his legs,
554
00:21:59,303 --> 00:22:01,641
and Winston ultimately died of sepsis.
555
00:22:01,896 --> 00:22:03,071
GROSSMAN: But this didn't happen
556
00:22:03,096 --> 00:22:05,664
in the case of Ryan Watkins, did it?
557
00:22:05,689 --> 00:22:08,301
Same cause, different complication.
558
00:22:08,488 --> 00:22:11,186
In Mr. Watkins' case,
it wasn't his legs,
559
00:22:11,590 --> 00:22:13,356
but the end result was the same.
560
00:22:13,381 --> 00:22:17,124
So, in your professional
opinion, was it reasonable
561
00:22:17,149 --> 00:22:21,109
for Dr. Kinsey to assume that
she could successfully deploy
562
00:22:21,134 --> 00:22:24,528
a REBOA for such
a lengthy period of time
563
00:22:24,553 --> 00:22:27,469
in either Colonel Winston or,
for that matter,
564
00:22:27,554 --> 00:22:29,904
in the case of Ryan Watkins?
565
00:22:30,522 --> 00:22:31,808
No.
566
00:22:31,935 --> 00:22:34,938
You just can't keep it in
that long and expect it to work.
567
00:22:35,135 --> 00:22:37,398
GROSSMAN: No further questions.
568
00:22:37,442 --> 00:22:39,058
Your witness, Mr. Palmer.
569
00:22:39,219 --> 00:22:41,265
Ask the judge for a short recess.
570
00:22:41,290 --> 00:22:43,466
I think the two of us
should confer with Benny.
571
00:22:43,815 --> 00:22:45,251
I got this.
572
00:22:46,756 --> 00:22:50,716
Okay, I just listened
to your testimony, Dr. Collier,
573
00:22:50,760 --> 00:22:53,397
and I have to tell you
I'm a little confused.
574
00:22:53,422 --> 00:22:54,995
Let me see if I can't help you, then.
575
00:22:55,020 --> 00:22:58,023
CHUNK: Great. So,
let's start back at the beginning.
576
00:22:58,259 --> 00:23:00,131
A patient like Colonel Winston,
577
00:23:00,434 --> 00:23:02,683
all these abdominal wounds...
578
00:23:03,888 --> 00:23:06,586
There any way he's gonna survive
a 60-minute transport
579
00:23:06,611 --> 00:23:09,391
without some sort of hemorrhage control?
580
00:23:11,461 --> 00:23:13,217
- No.
- And without some sort
581
00:23:13,241 --> 00:23:14,507
of hemorrhage control,
582
00:23:14,784 --> 00:23:17,656
how quickly is someone
in the colonel's condition
583
00:23:17,700 --> 00:23:21,183
likely to bleed out? 30 minutes?
584
00:23:22,735 --> 00:23:24,607
15 minutes?
585
00:23:26,644 --> 00:23:29,603
Would he have even lasted five minutes?
586
00:23:31,021 --> 00:23:32,192
Less than five minutes.
587
00:23:32,238 --> 00:23:34,309
CHUNK: So the options were either
588
00:23:34,334 --> 00:23:36,199
let the patient die on the helicopter,
589
00:23:36,224 --> 00:23:40,185
or deploy this REBOA
and get him to a facility
590
00:23:40,210 --> 00:23:43,170
where he could be treated
and possibly saved?
591
00:23:43,766 --> 00:23:45,466
Isn't that correct?
592
00:23:45,510 --> 00:23:48,252
- Basically, yes.
- So the REBOA
593
00:23:48,277 --> 00:23:50,183
bought him time.
594
00:23:50,950 --> 00:23:53,501
In fact, it bought him
eight days, didn't it?
595
00:23:53,533 --> 00:23:55,849
Because had it not been used,
596
00:23:56,260 --> 00:23:59,306
he would have died on day one.
Isn't that correct?
597
00:23:59,350 --> 00:24:00,644
Yes, that would be correct.
598
00:24:00,669 --> 00:24:01,908
So let me ask you a question.
599
00:24:01,933 --> 00:24:03,152
During the time that you were
600
00:24:03,486 --> 00:24:05,879
treating the colonel in Landstuhl,
601
00:24:05,904 --> 00:24:08,472
did his family come to see him?
602
00:24:08,497 --> 00:24:10,516
His wife, his son?
603
00:24:11,096 --> 00:24:12,880
Yes, I believe they did.
604
00:24:12,991 --> 00:24:16,734
So the REBOA, the dreaded REBOA,
605
00:24:16,759 --> 00:24:20,415
actually allowed the colonel
to have eight more days
606
00:24:20,440 --> 00:24:23,683
to spend with his family
and to say goodbye to them?
607
00:24:24,520 --> 00:24:25,782
Isn't that correct?
608
00:24:26,391 --> 00:24:27,808
Yes.
609
00:24:27,994 --> 00:24:29,516
I suppose it did.
610
00:24:30,381 --> 00:24:32,058
Sounds like Dr. Kinsey
611
00:24:32,183 --> 00:24:34,318
- made the right choice to me.
- GROSSMAN: Objection!
612
00:24:34,343 --> 00:24:36,299
Counsel is testifying.
613
00:24:36,324 --> 00:24:37,543
RAND: Objection sustained.
614
00:24:37,568 --> 00:24:39,808
The jury will ignore
counsel's last question.
615
00:24:39,907 --> 00:24:43,085
I do apologize, Your Honor.
No further questions.
616
00:24:43,829 --> 00:24:47,751
Gosh, I knew him when he used to
tell clients what color shirts
617
00:24:47,778 --> 00:24:49,891
to wear to their depositions.
618
00:24:50,880 --> 00:24:53,941
Very impressive cross-examination,
Chunk.
619
00:24:53,965 --> 00:24:55,066
Thank you.
620
00:24:55,110 --> 00:24:56,933
I'm glad you think so, Counselor.
621
00:24:57,593 --> 00:25:01,467
Mr. Palmer, the next time I tell
you to ask for a short recess,
622
00:25:01,491 --> 00:25:03,492
ask for a short recess.
623
00:25:03,762 --> 00:25:05,416
Bull, the man did great.
624
00:25:05,459 --> 00:25:06,750
And then we will go out into the hall,
625
00:25:06,793 --> 00:25:08,836
you will share your thoughts,
I will share my thoughts,
626
00:25:08,879 --> 00:25:11,055
and Mr. Colón, who is not yet
the city's D.A.,
627
00:25:11,081 --> 00:25:12,407
will offer his point of view,
628
00:25:12,471 --> 00:25:14,904
and then I will decide
what we are going to do.
629
00:25:14,947 --> 00:25:17,349
Do we all understand each other?
630
00:25:18,516 --> 00:25:20,594
Well, I understand what you're saying,
631
00:25:20,619 --> 00:25:22,741
but I don't know why you're saying it.
632
00:25:22,766 --> 00:25:24,308
Because you got lucky, Chunk.
633
00:25:25,285 --> 00:25:27,244
We walked into court today
knowing very little
634
00:25:27,269 --> 00:25:28,445
about that doctor.
635
00:25:28,470 --> 00:25:30,516
We didn't even know why
she was testifying.
636
00:25:30,541 --> 00:25:32,674
She could have just as easily
answered your question
637
00:25:32,699 --> 00:25:35,441
that it was her medical skill
that kept that man alive
638
00:25:35,466 --> 00:25:37,250
for eight days,
and it would have been 20
639
00:25:37,275 --> 00:25:39,016
had our client not used a REBOA.
640
00:25:39,343 --> 00:25:41,562
But she didn't say any of that, did she?
641
00:25:41,587 --> 00:25:43,333
Don't confuse luck with skill.
642
00:25:43,358 --> 00:25:44,620
I'm not confused.
643
00:25:44,645 --> 00:25:46,121
I took a shot and it paid off.
644
00:25:46,146 --> 00:25:48,148
Well, we don't take shots
with other people's lives
645
00:25:48,520 --> 00:25:50,609
and livelihoods,
and we don't ask questions
646
00:25:50,634 --> 00:25:51,824
we don't know the answers to.
647
00:25:51,849 --> 00:25:54,330
And we certainly don't
ignore the opportunity
648
00:25:54,355 --> 00:25:57,184
to compare notes with two people
whose combined experience
649
00:25:57,209 --> 00:26:00,299
equals almost as much time
as you've been on the planet.
650
00:26:04,525 --> 00:26:06,571
He's running for office,
you're going rogue.
651
00:26:08,614 --> 00:26:10,094
Believe me, I'd go to court
652
00:26:10,119 --> 00:26:12,125
and ask the questions myself if I could.
653
00:26:12,149 --> 00:26:13,216
[SCOFFS]
654
00:26:20,070 --> 00:26:21,854
Sorry. Sorry, sorry.
655
00:26:22,078 --> 00:26:24,080
I couldn't get a cab.
I ended up taking the subway.
656
00:26:24,105 --> 00:26:25,933
And forgive me, I never got a chance
657
00:26:25,958 --> 00:26:28,286
to tell you how impressive
you were yesterday,
658
00:26:28,311 --> 00:26:29,943
cross-examining that doctor
from San Antonio.
659
00:26:29,968 --> 00:26:32,487
Thank you. Just got lucky.
660
00:26:32,512 --> 00:26:34,166
KINSEY: Whatever. It worked.
661
00:26:34,210 --> 00:26:36,255
So, what does today hold?
662
00:26:36,299 --> 00:26:38,369
That's what we're here to ask you.
663
00:26:38,393 --> 00:26:40,791
The first witness up today
is Nurse Darna Bautista.
664
00:26:40,816 --> 00:26:43,774
Now, she worked with you
the night that Mr. Watkins died.
665
00:26:43,799 --> 00:26:45,258
Any idea what she's gonna say?
666
00:26:45,283 --> 00:26:46,205
[SCOFFS]
667
00:26:46,229 --> 00:26:47,709
That I'm a bitch.
668
00:26:47,734 --> 00:26:49,833
She idolizes Dr. Park.
669
00:26:49,926 --> 00:26:51,580
When I said I wasn't gonna do things
670
00:26:51,623 --> 00:26:54,104
in exactly the way...
in exactly the order
671
00:26:54,148 --> 00:26:55,932
that Dr. Park indicated,
672
00:26:55,976 --> 00:26:57,804
she looked like she was
gonna have a stroke.
673
00:26:57,847 --> 00:26:59,936
When you say she idolizes Dr. Park,
674
00:26:59,980 --> 00:27:02,896
what does that mean?
They were friends? Lovers?
675
00:27:02,939 --> 00:27:04,420
No, I don't think so.
676
00:27:04,456 --> 00:27:06,984
I just know she thinks
he walks on water.
677
00:27:07,770 --> 00:27:10,207
Nurse Bautista,
you were one of the ER nurses
678
00:27:10,232 --> 00:27:12,547
working at Mercy
the evening of the shooting?
679
00:27:12,572 --> 00:27:13,834
Yes, I was.
680
00:27:13,859 --> 00:27:15,948
I was providing care for Ryan Watkins.
681
00:27:16,125 --> 00:27:18,136
First under the supervision of Dr. Park,
682
00:27:18,161 --> 00:27:20,807
and then under the supervision
of Dr. Kinsey.
683
00:27:20,832 --> 00:27:23,500
And did you have occasion
to tell Dr. Kinsey
684
00:27:23,525 --> 00:27:24,961
anything about her patient?
685
00:27:25,309 --> 00:27:26,702
I did.
686
00:27:26,745 --> 00:27:30,271
I'm guessing you're talking
about normal medical information
687
00:27:30,314 --> 00:27:32,572
that a doctor might
expect a nurse to provide.
688
00:27:32,596 --> 00:27:33,747
Yes.
689
00:27:34,150 --> 00:27:36,484
But I also shared
something else with her.
690
00:27:36,907 --> 00:27:39,257
Something I shouldn't have shared.
691
00:27:39,561 --> 00:27:41,199
Something that wasn't true,
692
00:27:41,224 --> 00:27:42,734
although I didn't know it at the time.
693
00:27:43,240 --> 00:27:44,252
What did she say to you?
694
00:27:44,277 --> 00:27:46,758
I honestly don't know.
Nothing beyond the usual.
695
00:27:46,783 --> 00:27:48,742
GROSSMAN: And what was that?
696
00:27:49,159 --> 00:27:53,025
You have to understand,
it was chaos that night.
697
00:27:53,224 --> 00:27:55,484
There was all kinds of
misinformation flying around.
698
00:27:55,605 --> 00:27:57,607
At one point we heard
there were three gunmen.
699
00:27:57,632 --> 00:27:59,068
At another point, somebody wrote a tweet
700
00:27:59,093 --> 00:28:01,184
that the shooting was
a terrorist operation.
701
00:28:01,209 --> 00:28:04,106
We understand how stressful
this situation
702
00:28:04,136 --> 00:28:06,410
must have been for you, Ms. Bautista,
703
00:28:06,439 --> 00:28:10,007
but what is it you said to Dr. Kinsey?
704
00:28:11,181 --> 00:28:15,412
When EMS brought in Mr. Watkins
into the ER that night...
705
00:28:17,187 --> 00:28:21,942
I was led to believe that he,
um, Mr. Watkins...
706
00:28:22,714 --> 00:28:24,064
was the shooter.
707
00:28:25,282 --> 00:28:28,111
And you shared that with Dr. Kinsey?
708
00:28:28,155 --> 00:28:29,417
Yes, I did.
709
00:28:29,460 --> 00:28:30,940
Obviously, I don't know if that
710
00:28:30,984 --> 00:28:33,167
had anything to do
with Dr. Kinsey's decision,
711
00:28:33,434 --> 00:28:35,287
but I know it would have affected me
712
00:28:35,312 --> 00:28:36,836
if I had been in her shoes.
713
00:28:36,861 --> 00:28:38,689
Objection. The witness is speculating,
714
00:28:38,714 --> 00:28:40,000
offering her opinion.
715
00:28:40,025 --> 00:28:42,245
Sustained. Jury will ignore.
716
00:28:42,270 --> 00:28:45,796
GROSSMAN: So, Nurse Bautista,
in a situation like this,
717
00:28:45,821 --> 00:28:48,694
is it a doctor's job to determine
718
00:28:48,719 --> 00:28:53,202
whose life is more valuable,
who deserves to be saved?
719
00:28:53,227 --> 00:28:56,883
Your Honor, opposing counsel is
soliciting the witness's opinion
720
00:28:56,908 --> 00:28:58,213
using different phrasing.
721
00:28:58,238 --> 00:29:00,066
Sustained. Ms. Grossman,
722
00:29:00,091 --> 00:29:03,051
the ice is paper-thin
where you're standing.
723
00:29:03,076 --> 00:29:04,556
You understand me?
724
00:29:04,581 --> 00:29:06,757
I do, Your Honor,
and I withdraw the question.
725
00:29:07,116 --> 00:29:08,726
No further questions.
726
00:29:08,891 --> 00:29:11,067
I promise you, I have no
recollection of anyone saying
727
00:29:11,111 --> 00:29:12,634
that any of the people
we were trying to save
728
00:29:12,677 --> 00:29:13,765
that night might have been the shooter.
729
00:29:13,809 --> 00:29:15,046
I know, I know.
730
00:29:15,071 --> 00:29:17,073
Ask for a short recess.
731
00:29:19,249 --> 00:29:22,818
Okay, we basically have two choices.
732
00:29:22,861 --> 00:29:25,777
We can go back in there and say we have
733
00:29:25,821 --> 00:29:27,506
no more questions for the nurse
734
00:29:27,531 --> 00:29:29,837
and start our case by
putting on Dr. Kinsey.
735
00:29:29,862 --> 00:29:31,255
That's a horrible choice.
736
00:29:31,410 --> 00:29:33,108
Or we go back in there and
say we have no questions
737
00:29:33,133 --> 00:29:35,650
for the nurse and rest our case as well,
738
00:29:35,675 --> 00:29:37,895
and stake everything
on closing arguments.
739
00:29:38,268 --> 00:29:41,484
Oh, my God, so we're just... giving up?
740
00:29:41,597 --> 00:29:43,599
With all due respect, Dr. Bull,
741
00:29:43,624 --> 00:29:45,234
but why wouldn't you want me
to go back in there
742
00:29:45,259 --> 00:29:46,500
and grill that nurse?
743
00:29:46,525 --> 00:29:48,048
Get her to admit that
she never said those things.
744
00:29:48,073 --> 00:29:49,858
And how are you gonna do that?
745
00:29:50,454 --> 00:29:53,849
How are you going to prove
someone didn't say something?
746
00:29:53,892 --> 00:29:55,692
How are you gonna prove a negative?
747
00:29:56,417 --> 00:29:58,053
It's just gonna be
her word against ours,
748
00:29:58,078 --> 00:30:00,472
and no one is accusing her of
having allowed someone to die.
749
00:30:00,497 --> 00:30:02,671
But we can't let that jury think that
750
00:30:02,696 --> 00:30:04,698
what that nurse said is the truth.
751
00:30:06,759 --> 00:30:08,935
That's why we're gonna put
Dr. Kinsey on the stand.
752
00:30:09,299 --> 00:30:12,041
You can deny having heard it.
753
00:30:12,085 --> 00:30:15,752
And, yes, it will still be your
word against the nurse's,
754
00:30:15,777 --> 00:30:19,117
but at least we will have
answered the accusation.
755
00:30:19,163 --> 00:30:21,078
It will be on the record.
756
00:30:21,745 --> 00:30:23,063
And then we will get you off the stand
757
00:30:23,088 --> 00:30:25,317
as quickly as possible and
move on to closing arguments.
758
00:30:25,378 --> 00:30:28,067
So, wait, there are no other witnesses?
759
00:30:28,666 --> 00:30:30,490
What about the people
I saved that night?
760
00:30:30,515 --> 00:30:31,917
- Their family members.
- BULL: No.
761
00:30:32,190 --> 00:30:34,802
The second we swear them in,
opposing counsel will challenge
762
00:30:34,827 --> 00:30:38,701
on the basis of relevance,
and we will lose.
763
00:30:38,928 --> 00:30:40,669
Because your ability to help them
764
00:30:40,694 --> 00:30:43,914
isn't relevant to the question
of whether you were reckless
765
00:30:43,939 --> 00:30:46,115
in your treatment of Mr. Watkins.
766
00:30:47,404 --> 00:30:49,400
I'm sorry, it just isn't.
767
00:30:50,340 --> 00:30:51,646
CHUNK: Dr. Kinsey,
768
00:30:51,689 --> 00:30:54,301
do you recall Nurse Bautista telling you
769
00:30:54,344 --> 00:30:57,609
that Ryan Watkins, the man whose
life you were trying to save,
770
00:30:57,932 --> 00:31:00,369
was in fact the man who killed 38 people
771
00:31:00,394 --> 00:31:03,489
at the "We Are All from
Somewhere Else" demonstration?
772
00:31:03,514 --> 00:31:07,731
No. I have no recollection
of that. None.
773
00:31:08,271 --> 00:31:11,379
And for what it's worth,
had she told me,
774
00:31:11,418 --> 00:31:14,034
it would have made no difference
in my decision-making
775
00:31:14,064 --> 00:31:16,567
with regard to Mr. Watkins'
care that night.
776
00:31:17,230 --> 00:31:19,101
It's my job to help people,
777
00:31:19,239 --> 00:31:20,750
not to judge them.
778
00:31:20,912 --> 00:31:24,568
So tell us, why'd you do what you did?
779
00:31:25,299 --> 00:31:28,389
Why'd you defy your superior
and decide to work
780
00:31:28,414 --> 00:31:29,984
on someone else first?
781
00:31:31,648 --> 00:31:33,302
Once Dr. Park left
782
00:31:33,327 --> 00:31:36,330
and I had a chance to examine
Mr. Watkins for myself,
783
00:31:37,150 --> 00:31:40,390
I realized, he was really far gone.
784
00:31:40,434 --> 00:31:45,484
The likelihood of us saving him
that night in the OR was slim at best.
785
00:31:46,179 --> 00:31:48,593
It was also clear to me
that whatever we did,
786
00:31:48,632 --> 00:31:50,317
it was going to take hours.
787
00:31:51,117 --> 00:31:52,814
So when I saw that young woman,
788
00:31:52,839 --> 00:31:55,668
and realized with about a half an hour
789
00:31:55,884 --> 00:31:58,984
I could get her to a place
where she could pull through...
790
00:32:01,775 --> 00:32:03,442
I... I had no choice.
791
00:32:04,762 --> 00:32:08,723
And what did Dr. Park say
later on that night
792
00:32:08,748 --> 00:32:11,484
when he found out that
Mr. Watkins didn't make it?
793
00:32:12,727 --> 00:32:15,556
I actually didn't see Dr. Park
the rest of the night.
794
00:32:15,599 --> 00:32:17,917
I mean, there were literally
hundreds of people
795
00:32:17,942 --> 00:32:20,640
seeking treatment;
I was pretty much on my own.
796
00:32:20,665 --> 00:32:22,406
So working on your own,
797
00:32:22,606 --> 00:32:24,525
without any supervision,
798
00:32:24,978 --> 00:32:28,895
how many people did you
personally save that night?
799
00:32:29,984 --> 00:32:32,974
I... I'm not really sure
how you would define "saved."
800
00:32:33,002 --> 00:32:35,817
How many people would have died
that night
801
00:32:35,842 --> 00:32:37,650
without you having treated them?
802
00:32:38,525 --> 00:32:41,321
At least five that I'm aware of.
803
00:32:41,817 --> 00:32:43,366
CHUNK: Five.
804
00:32:44,192 --> 00:32:46,152
No further questions, Your Honor.
805
00:32:46,442 --> 00:32:47,502
RAND: Very well.
806
00:32:47,527 --> 00:32:50,211
Does the plaintiff have
any questions for the witness?
807
00:32:50,236 --> 00:32:52,630
I do, Your Honor.
808
00:32:53,016 --> 00:32:54,148
Just one.
809
00:32:54,725 --> 00:32:56,249
So...
810
00:32:56,292 --> 00:33:00,688
you believe that you
saved five lives that night?
811
00:33:02,145 --> 00:33:04,539
And how many do you believe you lost?
812
00:33:04,996 --> 00:33:06,275
CHUNK: Objection!
813
00:33:06,388 --> 00:33:07,775
Asked and answered.
814
00:33:08,556 --> 00:33:11,254
Never mind. I withdraw the question.
815
00:33:16,069 --> 00:33:18,941
On August 25th, as hundreds of people
816
00:33:18,984 --> 00:33:21,117
prepared to defy the COVID virus
817
00:33:21,142 --> 00:33:22,796
and stage a mass protest
of our government's
818
00:33:22,821 --> 00:33:25,519
policies towards people
born in other countries
819
00:33:25,544 --> 00:33:27,154
who dream of better lives in America...
820
00:33:27,488 --> 00:33:29,368
I think you're gonna turn the jury off.
821
00:33:29,393 --> 00:33:30,612
These images are so disturbing,
822
00:33:30,637 --> 00:33:32,667
I can't even hear what Chunk is saying.
823
00:33:32,694 --> 00:33:34,043
CHUNK: ...on these shores... Chunk.
824
00:33:34,369 --> 00:33:38,439
Marissa is worried that
the images are too violent,
825
00:33:38,482 --> 00:33:40,180
that they're gonna turn the jury off.
826
00:33:40,223 --> 00:33:41,619
Well, I disagree.
827
00:33:42,494 --> 00:33:45,141
The more graphic, the more
in your face, the better.
828
00:33:45,185 --> 00:33:46,850
See, you're trying to
make the jury understand
829
00:33:46,875 --> 00:33:48,863
what it must have been
like for Dr. Kinsey,
830
00:33:48,927 --> 00:33:50,842
standing in the middle of all that,
831
00:33:50,886 --> 00:33:53,452
trying to save as many lives
as possible.
832
00:33:53,712 --> 00:33:55,453
Do you do what you're told
833
00:33:55,478 --> 00:33:57,001
or do you do what you know is right?
834
00:33:57,371 --> 00:34:00,915
- I second that.
- Yeah, but you're ex-law enforcement.
835
00:34:00,939 --> 00:34:02,158
You've seen a lot of blood and guts
836
00:34:02,202 --> 00:34:04,552
in your life. I mean, we've got
a nursery school teacher
837
00:34:04,595 --> 00:34:06,336
on the jury. A seminary student...
838
00:34:06,380 --> 00:34:07,424
Wait a minute.
839
00:34:07,468 --> 00:34:08,730
[CLEARS THROAT]
840
00:34:08,773 --> 00:34:11,428
Taylor, back it up about 30 seconds.
841
00:34:15,302 --> 00:34:17,869
Okay, okay. Stop it right there.
842
00:34:18,609 --> 00:34:21,699
Isn't this the guy who
testified against our client?
843
00:34:21,743 --> 00:34:24,615
Told our client to operate
on Ryan Watkins first?
844
00:34:24,659 --> 00:34:26,051
Her direct superior?
845
00:34:26,095 --> 00:34:28,032
Yeah, that's him. That's Dr. Park.
846
00:34:28,057 --> 00:34:30,452
Watch what he does. Unfreeze it, Taylor.
847
00:34:35,583 --> 00:34:37,452
BULL: Oh, freeze that.
848
00:34:38,063 --> 00:34:41,013
Weird thing to do. Especially
in the middle of COVID.
849
00:34:41,038 --> 00:34:42,561
He knows her.
850
00:34:43,221 --> 00:34:44,396
CHUNK: 8:28 in the evening.
851
00:34:44,421 --> 00:34:47,076
About ten minutes
after Dr. Kinsey arrived.
852
00:34:47,631 --> 00:34:50,678
And this is the patient that
Dr. Park took to the OR
853
00:34:50,703 --> 00:34:53,706
when he told Dr. Kinsey
to take care of Ryan.
854
00:34:55,080 --> 00:34:57,420
DANNY: Okay. I'm-I'm lost.
855
00:34:57,466 --> 00:34:58,736
That's two of us.
856
00:34:58,780 --> 00:35:00,651
What are you guys getting at?
857
00:35:00,695 --> 00:35:02,958
Well, we always said this was
a case about lifeboat ethics,
858
00:35:03,001 --> 00:35:06,353
we just didn't know there was
a whole other boat involved.
859
00:35:06,396 --> 00:35:07,789
[SCOFFS]
860
00:35:09,269 --> 00:35:11,358
Between now and tomorrow morning,
861
00:35:11,401 --> 00:35:12,968
I need you to find out
everything that you can
862
00:35:13,011 --> 00:35:14,494
about that woman on the gurney.
863
00:35:15,666 --> 00:35:17,755
I'll be damned if I go back
into that courtroom
864
00:35:17,780 --> 00:35:20,391
and ask a question I don't
already know the answer to.
865
00:35:22,412 --> 00:35:23,761
Your Honor,
866
00:35:23,805 --> 00:35:27,112
with your permission... I know
that we already rested our case...
867
00:35:27,156 --> 00:35:29,245
But before we begin closing arguments,
868
00:35:29,289 --> 00:35:31,698
the defense would like
to call one last witness.
869
00:35:31,722 --> 00:35:33,715
Actually, we would like to recall
870
00:35:33,764 --> 00:35:35,382
one last witness.
871
00:35:35,425 --> 00:35:38,077
If Dr. Park could take the stand.
872
00:35:38,347 --> 00:35:39,827
Dr. Park, I appreciate you
873
00:35:39,852 --> 00:35:42,942
coming in last minute
to testify in court today.
874
00:35:43,564 --> 00:35:45,952
Now, I have to be honest with you,
875
00:35:46,122 --> 00:35:47,732
I need your help.
876
00:35:47,989 --> 00:35:52,211
I've actually never served on a
medical malpractice case before.
877
00:35:52,355 --> 00:35:55,663
And I'd be dishonest with
you if I told you that I had
878
00:35:55,706 --> 00:35:59,077
any understanding
whatsoever of medical ethics.
879
00:35:59,543 --> 00:36:00,849
How it all works.
880
00:36:00,965 --> 00:36:03,011
What it means. Now, you,
881
00:36:03,036 --> 00:36:05,560
as the head surgeon at Mercy Hospital,
882
00:36:06,160 --> 00:36:09,285
this is something you know
a lot about, am I right?
883
00:36:09,937 --> 00:36:12,287
Actually, I've written
a number of papers,
884
00:36:12,312 --> 00:36:15,663
presided over a number of
seminars on the topic, yes.
885
00:36:15,903 --> 00:36:16,991
CHUNK: So...
886
00:36:17,016 --> 00:36:18,887
baseline question.
887
00:36:19,164 --> 00:36:23,096
What happens when doctors
let their personal feelings
888
00:36:23,127 --> 00:36:25,693
get in the way of treating a patient?
889
00:36:26,784 --> 00:36:29,222
Well, all kinds of
bad things can happen.
890
00:36:29,247 --> 00:36:31,380
Physicians have been known to freeze,
891
00:36:31,405 --> 00:36:33,407
to second-guess themselves.
892
00:36:33,701 --> 00:36:38,649
But I guess the biggest concern
you see and hear about
893
00:36:38,674 --> 00:36:40,850
is doctors making bad calls
894
00:36:40,875 --> 00:36:42,442
because they're not thinking clearly.
895
00:36:42,467 --> 00:36:44,643
They're not thinking critically.
896
00:36:44,929 --> 00:36:46,035
Thank you.
897
00:36:46,362 --> 00:36:47,537
Thank you, Dr. Park.
898
00:36:47,562 --> 00:36:49,827
Thanks for clearing that up for me.
899
00:36:50,687 --> 00:36:51,949
Oh.
900
00:36:53,806 --> 00:36:57,327
Actually, just one last thing.
901
00:36:58,267 --> 00:36:59,519
[SIGHS]
902
00:36:59,543 --> 00:37:02,184
When they brought
Ryan Watkins in that night,
903
00:37:02,442 --> 00:37:04,922
how many patients did they
bring in with him?
904
00:37:07,032 --> 00:37:08,947
Including Ryan, three.
905
00:37:08,972 --> 00:37:11,148
- He and two others.
- Okay.
906
00:37:11,173 --> 00:37:13,161
So we know that you told Dr. Kinsey
907
00:37:13,186 --> 00:37:15,952
to operate on Ryan Watkins first.
908
00:37:16,754 --> 00:37:18,887
Now, that person she
actually chose to treat,
909
00:37:18,912 --> 00:37:20,392
did she come in with Ryan?
910
00:37:20,421 --> 00:37:21,422
Yes.
911
00:37:21,447 --> 00:37:22,840
And what about the third?
912
00:37:22,865 --> 00:37:25,520
Did we ever hear about
what happened to the third?
913
00:37:26,561 --> 00:37:29,564
I took her up to the OR
for immediate surgery.
914
00:37:29,589 --> 00:37:30,851
I see.
915
00:37:30,876 --> 00:37:33,444
And-and what was the extent
of her injuries?
916
00:37:33,891 --> 00:37:35,660
She had been shot in the shoulder.
917
00:37:35,864 --> 00:37:38,127
CHUNK: And would you
say that her injuries were
918
00:37:38,152 --> 00:37:40,502
more urgent than
the abdominal gunshot wound
919
00:37:40,527 --> 00:37:42,573
suffered by Ryan Watkins?
920
00:37:42,846 --> 00:37:47,286
Or the hemopneumothorax
that Dr. Kinsey treated?
921
00:37:51,788 --> 00:37:53,050
Dr. Park?
922
00:37:53,215 --> 00:37:55,739
I need you to answer the question.
923
00:37:56,317 --> 00:37:58,623
No. I would not say her injuries
924
00:37:58,648 --> 00:38:01,216
were more urgent than those sustained
925
00:38:01,241 --> 00:38:03,287
by the two patients you asked me about.
926
00:38:03,820 --> 00:38:05,344
That's odd.
927
00:38:05,369 --> 00:38:08,244
So if her injuries were
less than severe,
928
00:38:08,461 --> 00:38:11,682
why did you decide
to operate on her first?
929
00:38:16,238 --> 00:38:19,589
Dr. Park, did you know
the patient that you worked on?
930
00:38:21,926 --> 00:38:22,971
Yes.
931
00:38:24,016 --> 00:38:25,077
Personally?
932
00:38:25,537 --> 00:38:26,886
Yes.
933
00:38:30,440 --> 00:38:35,010
She's Nurse Bautista's
20-year-old daughter.
934
00:38:37,518 --> 00:38:39,085
My goddaughter.
935
00:38:40,654 --> 00:38:43,570
So is that why you treated her first?
936
00:38:45,749 --> 00:38:47,664
If you had not known that patient,
937
00:38:47,689 --> 00:38:50,213
if you had not let this affect you,
938
00:38:50,238 --> 00:38:52,936
who would you have taken up
to that operating room?
939
00:38:55,325 --> 00:38:57,371
[VOICE BREAKING]: Ryan Watkins.
940
00:38:58,914 --> 00:39:00,952
CHUNK: So if there was
941
00:39:01,495 --> 00:39:03,758
an error in judgment that night,
942
00:39:03,783 --> 00:39:06,308
it was not Dr. Kinsey's,
943
00:39:06,333 --> 00:39:07,827
was it?
944
00:39:08,478 --> 00:39:10,611
No. It was not.
945
00:39:15,717 --> 00:39:18,459
[WHISPERS]: I told you he was
the right man for the job.
946
00:39:24,632 --> 00:39:26,416
CHUNK: Can you stop all that racket?
947
00:39:26,486 --> 00:39:28,966
Some of us are in the midst of
our own private euphorias
948
00:39:28,991 --> 00:39:31,827
and you're ruining it with the
sound of all this manual labor.
949
00:39:32,386 --> 00:39:33,604
Well, well, well.
950
00:39:33,629 --> 00:39:35,936
- If it isn't Clarence Darrow.
- [CHUNK CHUCKLES]
951
00:39:36,265 --> 00:39:38,572
Hey. Congratulations again.
952
00:39:38,597 --> 00:39:40,121
You killed it today.
953
00:39:40,146 --> 00:39:41,582
[LAUGHS] I did.
954
00:39:41,607 --> 00:39:43,043
BENNY: Yeah.
955
00:39:43,068 --> 00:39:45,983
What brings you out on this
cold and wintery night?
956
00:39:46,415 --> 00:39:48,244
Couldn't sleep.
957
00:39:48,432 --> 00:39:51,087
I'd close my eyes and I'd keep seeing
958
00:39:51,112 --> 00:39:53,331
the jury handing down that verdict.
959
00:39:53,487 --> 00:39:54,966
That look of satisfaction
960
00:39:54,991 --> 00:39:57,472
and pride on Bull's face. [CHUCKLES]
961
00:39:57,497 --> 00:39:59,978
The gratitude on Dr. Kinsey's.
962
00:40:00,139 --> 00:40:03,620
I'm a grown man and it is
embarrassing to be this much
963
00:40:03,645 --> 00:40:05,827
in love with what you do
for a living, you know?
964
00:40:06,359 --> 00:40:11,102
Anyway, I, uh, I got out, took a walk.
965
00:40:11,127 --> 00:40:12,372
Tried to clear my head.
966
00:40:12,397 --> 00:40:14,312
Walked across the bridge
when suddenly I realized,
967
00:40:14,337 --> 00:40:15,816
I might die of frostbite
968
00:40:15,984 --> 00:40:18,813
and I'm in desperate need
of a clean bathroom.
969
00:40:19,083 --> 00:40:20,955
Mention my name, you get a good seat.
970
00:40:20,980 --> 00:40:22,286
I already did.
971
00:40:22,311 --> 00:40:23,790
[LAUGHS]
972
00:40:25,053 --> 00:40:28,910
You know, the other night in Bull's SUV?
973
00:40:30,131 --> 00:40:31,619
I was ready to quit.
974
00:40:32,207 --> 00:40:35,167
Mm. I figured.
975
00:40:35,192 --> 00:40:37,368
I've been ready to quit
about a half a dozen times
976
00:40:37,393 --> 00:40:38,481
over the years.
977
00:40:38,506 --> 00:40:39,594
Really?
978
00:40:39,927 --> 00:40:41,842
What stopped you?
979
00:40:42,647 --> 00:40:44,432
I don't know.
980
00:40:44,628 --> 00:40:47,544
I get one foot out the door,
981
00:40:47,569 --> 00:40:50,615
and then I realize he was mostly right
982
00:40:50,640 --> 00:40:54,600
about whatever it was he was
saying or talking about.
983
00:40:54,888 --> 00:40:58,500
Plus, I think we make
each other smarter.
984
00:40:58,651 --> 00:40:59,956
Better.
985
00:41:01,812 --> 00:41:05,686
He's a really, really smart dude, Chunk.
986
00:41:05,711 --> 00:41:07,974
And I don't think he would
want you around
987
00:41:07,999 --> 00:41:10,741
if he didn't think
you were a smart dude, too.
988
00:41:14,024 --> 00:41:16,119
Congratulations again, Chunk.
989
00:41:16,457 --> 00:41:17,980
Now, if you'll excuse me,
990
00:41:18,337 --> 00:41:20,295
I got to finish my interior decorating
991
00:41:20,320 --> 00:41:22,285
so I can go home and get some sleep.
992
00:41:31,013 --> 00:41:32,493
[EXHALES]
75029
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